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Walsh Construction Company II LLC 6/7/2021
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Walsh Construction Company II LLC 6/7/2021
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Last modified
8/24/2023 3:53:32 PM
Creation date
6/10/2021 3:42:47 PM
Metadata
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Template:
Contracts
Contractor's Name
Walsh Construction Company II LLC
Approval Date
6/7/2021
Council Approval Date
4/21/2021
Department
Public Works
Department Project Manager
Souheil Nasr
Subject / Project Title
Replacement of Reservoir 2
Public Works WO Number
UP3658
Tracking Number
0002940
Total Compensation
$0.00
Contract Type
Capital Contract
Retention Period
10 Years Then Transfer to State Archivist
Document Relationships
Walsh Construction II, LLC 8/24/2023 Change Order 3
(Contract)
Path:
\Documents\City Clerk\Contracts\Capital Contract\Capital Construction Contracts and Change Orders
Walsh Construction II, LLC 8/7/2023 Change Order 2
(Contract)
Path:
\Documents\City Clerk\Contracts\Capital Contract\Capital Construction Contracts and Change Orders
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6. Altering facilities, Equipment, materials, services, or sites, provided by the Owner, and <br /> 7. Ordering the Contractor to accelerate or Delay Work. <br /> B. If the Contractor and Owner do not agree upon scope of Work changed or adjustment to <br /> the Contract Sum and Contract Time, the Owner may, at its sole option, unilaterally direct <br /> the Contractor to implement any change by notice. The Owner shall not pay or be <br /> responsible or liable for any change implemented by the Contractor without explicit notice <br /> from the Owner to proceed. <br /> 6.2 Extra Work <br /> A. At its sole option, the Owner may(1) perform Extra Work itself, (2) employ others to do it, <br /> (3) direct the Contractor to perform the Extra Work at existing unit bid price, (4) direct the <br /> Contractor to perform the Extra Work at a mutually agreed upon price, or (5) direct the <br /> Contractor to perform the Extra Work on a Force Account basis. <br /> 6.3 Change Orders <br /> A. Changes to the Work may result in an increase or decrease in Contract Sum, as provided <br /> in 9.2. Payment For Changes. Requests for an increase in Contract Time must be made as <br /> provided in 5.2.0 Extensions of Contract Time, as applicable. Substantial changes in <br /> Contract Time, Contract Sum or Work will often be negotiated and agreed between the <br /> Contractor and Owner before the Owner directs the Contractor to proceed with the <br /> change. <br /> B. If the Contractor and Owner agree on the scope of Work and any changes to Contract Sum <br /> and Contract Time, the Contractor and Owner shall execute an agreed Change Order. <br /> However, if the Contractor and Owner do not agree, the Owner may, in its sole discretion, <br /> issue a unilateral Change Order changing the scope of Work and making any adjustments <br /> to the Contract Sum pursuant to 9.2. Payment For Changes and Contract Time in such <br /> amount and for such time as the Owner thinks appropriate. Contractor agrees to use the <br /> agreed and unilateral Change Order attached to these General Conditions or otherwise <br /> provided by Owner. The Contractor accepts all requirements, terms and conditions of a <br /> Change Order by: signing it;writing a separate acceptance; or by failing to notify the Owner <br /> immediately in writing that Contractor disagrees with the Change Order and does not <br /> intend to be bound by its terms. <br /> C. The Contractor waives all Contract Claims with respect to (and is estopped from denying <br /> its agreement with) any unilateral Change Order for which the Contractor does not <br /> immediately give Notice to the Owner as provided in ARTICLE 10. NOTICE TO OWNER and <br /> submit a Contract Claim as provided in ARTICLE 12. CONTRACT CLAIMS. A unilateral <br /> Change Order that is not timely protested as provided in this section shall be full payment <br /> and final settlement of all asserted and unasserted Contract Claims for Contract Time and <br /> all costs of any kind, including costs of Delays, inefficiencies and impacts, related to, arising <br /> out of, or resulting from, any Work described in the Change Order. <br /> D. The Contractor shall obtain written consent of the surety or sureties if the Owner's <br /> Representative requests such consent. <br /> Replacement of Reservoir 2 General Conditions <br /> WO# UP3658 00 72 13 - 34 <br />
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